Emily Ruth Gail Blackmore (left) had her appeal of a guilty verdict in removing an underage child from Canada for a sexual purpose dismissed. The Court of Appeal ordered a new trial for James Oler (right), who was also charged with the same offence, but had been acquitted. (Black Press files)

Oler was charged under a subsection of the Criminal Code that forbids removing a child from Canada for the purpose of sexual interference or sexual touching.

In the original trial, the judge found there was no record of Oler being in Canada at the time he decided or acted to bring his underage daughter to Nevada to marry her to a Fundamentalist Church of Jesus Christ of Latter-Day Saints member in 2004.

The judge found that reason enough to not convict Oler in the 2017 trial.

“I conclude the acquittal turned entirely on the judge’s view of the need for proof of James Oler’s physical presence in Canada,” wrote Justice Mary Saunders.

Oler’s daughter was 15 when she was married to “James Leroy Johnson,” with Oler standing as a witness.

During her appeal hearing in June, lawyer Greg DelBigio argued the trial judge had made a “leap of faith” in assuming Blackmore both knew and helped her husband take their underage daughter over the border to marry her off.

Blackmore’s daughter was 13 when she was married to FLDS leader Warren Jeffs in 2004, shortly after being taken to the U.S. Blackmore stood as one of the witnesses to the wedding.

DelBigio had argued her mere presence in the vehicle that transported her daughter, herself and her husband, James Blackmore, was not enough to prove guilt.

However, in her written reasons, Saunders said the importance of marriage and procreation in the Bountiful culture, and Blackmore’s role and responsibility as a mother, made it impossible to assume she was an unwitting participant.

“I observe there is no evidence that young unmarried girls were called to Warren Jeffs’ presence absent a conjugal reason,” wrote Saunders.

“It is plain that the evidence offers no other reasonable inference than Blackmore’s presence in the car would be both encouraging to her husband… and reassuring to her daughter.”

Blackmore is currently serving a seven-month sentence for the offence.